HomeMy WebLinkAbout20242156.tiffHEARING CERTIFICATION
DOCKET NO. 2024-48
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0011, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK PARKING)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC.
A public hearing was conducted on August 21, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated July 17, 2024, and duly published July 19,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
Samuel and Laura Gavito, do Gavito Trucking, Inc., for a Site Specific Development Plan and
Use by Special Review Permit, USR24-0011, for Oil and Gas Support and Service (truck parking)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal,
Deputy County Attorney, made this a matter of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and provided the general location of the site. She stated 14 referrals were sent out, 13 agencies
responded, and relayed the application request was for nine (9) trucks and nine (9) trailers related
to oil and gas. She provided the number of employees and hours of operation, indicated
employees will pick up their trucks and leave for off -site operations, explained the existing
structures on the site, and noted no additional structures are proposed. She stated the case has
an active Zoning Violation, ZCV23-00226, for operating the business on the site without first
completing the necessary permits. She described the adjacent zoning and uses, relayed notice
was sent to six (6) surrounding property owners (SPOs), three (3) letters were received in
response; one (1) of support and two (2) with questions and/or concerns, which she outlined.
Ms. Aungst indicated the site is within the Cooperative Planning Agreement (CPA) area, Urban
Growth Boundary, and the three (3) mile referral area of the City of Fort Lupton and the Towns
Firestone and Platteville. She shared, per the Development Review staff, the applicants have
proposed to use the existing, unpermitted access on County Round (CR) 23, she provided the
traffic counts for CR 23 and the anticipated traffic associated with USR, stated Development
Review is requesting a Road Maintenance Agreement, and noted the site meets an exception for
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2024-2156
PL2924
HEARING CERTIFICATION - SAMUEL AND LAURA GAVITO, C/O GAVITO TRUCKING, INC.
(USR24-0011)
PAGE 2
stormwater detention. She entered the favorable recommendation of the Planning Commission
into the record, as written, and displayed images of the site and surrounding views.
▪ Lauren Light, Department of Public Health and Environment, stated the existing residence is
served by the Central Weld County Water District and has a septic system permitted for four (4)
bedrooms. She indicated portable toilets are acceptable for employees, they will use water for
dust control, as necessary, and a dumpster will be onsite for waste.
El Hannah Dutrow, AGPROfessionals, represented the applicant, and in response to
Chair Ross, indicated the applicant had spoken to a commissioner regarding the application
process. Commissioner James confirmed he spoke with the applicant regarding process but did
not see any application materials. Ms. Dutrow explained Gavito Trucking, Inc., had been operating
at the current location for 11 years, and presented a PowerPoint (Exhibit D), which illustrated the
on -site structures, proposed site plan, business operations, number of employees, hours of
operation, access, tracking control, and more. She indicated a variance had been requested, and
approved, for the access location and tracking control.
▪ Veronica Cantrell, adjacent SPO, stated she had submitted a letter of support (PC Exhibit 1),
and described the Gavitos as great neighbors who are courteous in their business practices.
• Nicole Cantrell, adjacent SPO, echoed Veronica Cantrell's sentiments and stated she
appreciated the quick variance approvals, as well as the screening and tidiness of facility that the
Gavitos maintain.
Ms. Dutrow requested Condition of Approval (COA) #1.D.9 (show and label the access point)
be changed to reflect "approved" access point, and she requested "that meets Weld County Code"
be deleted. Additionally, she requested COA #1.D.10 (show and label the approved tracking
control) be removed, as a tracking control variance had been approved, and Ms. Aungst
concurred. Ms. Dutrow requested Development Standard (DS) #4 (hours of operation) reflect only
that the operation is a 24 hour a day operation, rather than specify the hours that trucks may be
coming and going, and she requested DS #8 (no derelict vehicles shall be stored on the site)
read, "no derelict commercial vehicles shall be stored on the site." The Board agreed to all of the
aforementioned changes.
'- -- No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
• In response to Chair Ross, Ms. Dutrow indicated, on behalf of the applicant, she had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
El Commissioner James moved to approve the request of Samuel and Laura Gavito,
do Gavito Trucking, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR24-0011, for Oil and Gas Support and Service (truck parking) outside of subdivisions
2024-2156
PL2924
HEARING CERTIFICATION - SAMUEL AND LAURA GAVITO, C/O GAVITO TRUCKING, INC.
(USR24-0011)
PAGE 3
and historic townsites in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards, as amended. The motion was seconded by Commissioner Buck, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:24 a.m.
This Certification was approved on the 4th day of September, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: J W ` ;ti
Weld County Clerk to the Board
Deputy Clerk to the Boar
Lori Saine
2024-2156
PL2924
ATTENDANCE LIST
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